Research On International Anti-Terrorism Financial Law

The terrorism is a serious problem which the international society faces, and it is also a serious threat to the peace and security of the International society. The fight against terrorism conforms to the common interests of the international society. After 9·11, anti-terrorism efforts enter into a new stage, and it is carried out in areas such as the military, diplomatic, intelligence, Judicial and so on. Although various measures are employed, however, the terrorism still exists. One of the important reasons is the flow of terrorist funds. Terrorism could be carried out anytime and anywhere with the foundation of fund. In order to stop the terrorism, the sources of funding must be cut off.The international society has already developed the consensus of the cracking down and punishing of terrorism. And the previous United Nations General Assembly had already adopted a series of measures to eliminate international terrorism directly and indirectly by passing related declarations and conventions. These international documents are all fully demonstrated the effectiveness of the fight against terrorism financing. However, from the point of form and content of the legislations by international organizations and countries around the world, there is a need to supplement and perfect. For this reason, many countries act quickly and hasten to amend, supplement and perfect the existing national legislation to punish the terrorist financing in order to respond at the legislative level. However, because of various reasons, the effect of the financial anti-terrorism is not obvious.China has repeatedly become a victim of terrorism in recent years. With the economic development of China, it becomes more and more important at the international financial stage and will occupy a more and more important at the status of the international anti-terrorism in finance. China has done a lot of effective work in the field of anti-money laundering and terrorist financing. It issued the Anti-Money Laundering Law and a number of department rules and regulations. The system of Anti-Money Laundering and Anti-Terrorism Financial laws and regulations is basically established, and it is carrying out the international standard, perfecting the framework of Anti-Money Laundering Law and its corresponding supervision and so on. All of these fully demonstrate the attitude that China is a responsible major power on the anti-money laundering and terrorist financing. However, because of various reasons, our country's Anti-terrorism Financial Law is not perfect. The study focuses on the problems existed at present, trying to analysis and offer the suggestion in order to perfect our Anti-terrorism Financial Law and finally help china to defeat international terrorism.This paper is divided into five parts:In the introduction, the study briefly introduces the effect of terrorist financing to the terrorist activity and the important function of the International Anti-terrorism Financial Laws in the fight against terrorism financing.In Part One, the study firstly points out that terrorism will affect the social order and political stability, and it even could lead to social unrest and civil war, which may cause great harm to the economy; on the impact of the international society, it will affect the safety of the international society, or aggravate international conflicts, and sometimes it even fuses into an international war, all of these show the great danger of terrorism. The development of the economic globalization, which facilitates the international terrorism, and at the same time, it also makes the cooperation on anti-terrorism in the world possible. Secondly, from the analysis on the characteristics of terrorism, the study points out that the terrorism financing is to collect, occupy the money or other kinds materials by the terrorism organization or the individual. Finally, from the definition of the terrorism financing, the study proposes the stopping of terrorism by means of the cooperation among countries in the world to cut off the financial roots of the terrorists. To be specific, the proposed means is to examine the financial acts of terrorists, stop the chances of their financial transactions, and regulate the reports which are of the potential of terrorism. Finally, the study analyzes the relationship between the financial anti-terrorism and the anti-money laundering, at the same time, it points out that the two concepts are closely related, but there are also distinctions between them.Chapter Two is divided into two parts. The first part introduces the characteristics and rules of the anti-terrorism financial law of the United Nations, the Financial Action Task Force on Money Laundering, the Egmont Group, the Asia/Pacific Group on Money Laundering, Eurasian Group on Combating Money Laundering and Financing of Terrorism. The second part introduces the systems and characteristics of the countries in different legal systems, such as Anglo-American legal systems of the United States, the legal system of the United Kingdom and the continental legal system of German. Chapter Three analyzes the problems existed in anti-terrorism, which includes the poor achievements on the financial anti-terrorism, the violations of the right of financial stealth, the increasing of the cost of financial institutions, the attack of the national sovereignty, the violation of basic human rights. The study also further analyzes the reasons for the problems of the international financial anti-terrorism, which includes the uncertainty of terrorism, the improper corporation between the financial institutions and regulatory authorities. The study also proposes the means of solving the existing problems with the further clarification of the concept of terrorism, financial institutions and regulatory cooperation, the further cooperation between the financial anti-terrorism institutions and their corresponding supervisions, the anti-terrorism should be carried out with proper proportion, and the financial hegemony should not be accepted under the international cooperation.The fourth chapter briefly introduced the basic framework and the practice of China's financial anti-terrorism legislation, besides, the study also proposes some suggestions based on the shortcomings of the practice on anti-terrorism in order to perfect the practice of the financial anti-terrorism in our country and defeat the terrorismIn the conclusion part, the study summarizes the situation of the international financial anti-terrorism and makes a future prospect on the construction of international financial anti-terrorism.